| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2003-09-02 |
1 |
0 |
Complaint |
COMPLAINT by ATF S/A Gordon Horiye against Franklin Iwai signed by Mag Judge Barry M. Kurren [ 1:03-m -672 ] (afc) |
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| 2003-09-02 |
2 |
0 |
Warrant Issued |
ARREST Warrant issued for Franklin Iwai bail set for TO BE DETERMINED by Mag Judge Barry M. Kurren [ 1:03-m -672 ] (afc) |
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| 2003-09-04 |
3 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Franklin Iwai (1) count(s) 1-2; PS ordered ( Wendy Char ) by Mag Judge Barry M. Kurren (bbb) |
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| 2003-09-04 |
4 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain without bail by USA as to Franklin Iwai (lmg) |
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| 2003-09-04 |
5 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Franklin Iwai on 9/4/03 (lmg) |
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| 2003-09-04 |
6 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance and A & P - deft present in custody. Deft sworn to Financial Affidavit. Oral M/Court Appt Atty GRANTED. Arrn waived. Plea of NOT GUILTY entered. Dates given: JS/JT 11-4-03 @ 9 a.m., SOM; FPT 10-6-03 @ 10 a.m., KSC; Motions due 9-25-03; Response due 10-9-03; Detention Hearing 9-9-03 @ 2 p.m., BMK Deft remanded to custody of U.S. Marshal.; Franklin Iwai, USA Attorney Omer Poirier, Donna Gray present ( Ct Rptr: C6 Tape #1454) by Judge Barry M. Kurren (bbb) |
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| 2003-09-04 |
7 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Franklin Iwai (bbb) |
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| 2003-09-09 |
8 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing - deft present in custody. M/Detain GRANTED. Poirier to prepare order. Deft remanded to custody of marshal.; [4-1] detention hearing held on 9/9/03 ; Franklin Iwai, USA Attorney Ronald G. Johnson, Donna Gray present ( Ct Rptr: C6 Tape #1457) by Judge Barry M. Kurren (bbb) |
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| 2003-09-12 |
9 |
0 |
Order |
Government's Detention ORDER; certificate of service by Mag Judge Barry M. Kurren (bbb) |
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| 2003-09-19 |
10 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Final Pretrial Conference currently set for 10/6/03 at 10:00am has been changed from Judge Chang to Judge Kobayashi. AUSA: Omer Poirier FAFPD: Alexander Silvert by Judge Kevin S. Chang (bbb) |
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| 2003-10-03 |
11 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Final Pretrial set for 10/6/03 @ 10:00 a.m. LEK is continued to 10/16/03 @ 10:00 a.m. LEK. Notified: Omer Poirier AUSA and Alexander Silvert AFPD. before Judge Leslie E. Kobayashi (bbb) |
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| 2003-10-16 |
12 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Continued : [Final Pretrial Conference] from 10/16/2003 10:00:00 AM to 10/27/2003 10:00:00 AM before LEK. by Judge Leslie E. Kobayashi (bbb) |
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| 2003-10-20 |
13 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew is set for 10/28/03 @ 10:30 a.m. SOM. Notified: Omer Poirier AUSA and Alexander Silvert AFPD. before Judge Susan O. Mollway (bbb) |
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| 2003-10-28 |
14 |
0 |
Miscellaneous Document |
APPLICATION Regarding Custody as to Franklin Iwai (SEALED) (bbb) |
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| 2003-10-28 |
15 |
0 |
Miscellaneous Document |
ORDER Regarding Custody as to Franklin Iwai signed by Mag Judge Leslie E. Kobayashi (SEALED) (bbb) |
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| 2003-10-28 |
16 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion to Withdraw Not Guilty Plea and to Plead Anew - Defendant Franklin Iwai present and in custody. Defendant sworn. Questioned. Memorandum of plea agreement filed, acceptance deferred until after review of the presentence report. Defendant advised of his rights, including his right to trial by jury, etc. Guilty plea entered as to Count 2 of the Indictment. Court accepts the guilty plea and the defendant is adjudged guilty. Referred for presentence investigation and report, and sentencing is set for 5/10/04 @ 3:00 p.m. SOM. Government informs the Court that it intends to move to Grant a One Level Decrease for Acceptance of Responsibility at sentencing. Defendant remanded to the custody of the USM. w/d of not guilty plea/plead anew held on 10/28/03 , guilty plea entered by Franklin Iwai , ; sentencing hearing set for 3:00 5/10/04 for Franklin Iwai , ; Franklin Iwai, attorney Omer Poirier, Alexander Silvert present ( Ct Rptr: ESR-LG) by Judge Susan Oki Mollway (fe) |
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| 2003-10-28 |
17 |
0 |
Plea Agreement |
MEMORANDUM of Plea Agreement as to Franklin Iwai (fe) |
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| 2003-11-07 |
18 |
0 |
Motion for Reconsideration |
Notice of Motion; MOTION to reconsider detention and to impose conditions of release ; memorandum of law; declaration of counsel; certificate of service; Motion hearing set for 2:30 11/13/2003 KSC (SEALED) (bbb) |
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| 2003-11-13 |
19 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion for Reconsideration of Detention and to Impose Conditions of Release - defendant present, in custody. Arguments held. Motion is granted. Mr. Silvert to prepare order. Bail - Execute an unsecured bond in the amount of $25,000. The defendant is placed in the Third Party Custodianship of: Elizabeth Kaohi, at 4476 Pepe Road, Hanapepe, HI 96716. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h1) Travel is restricted to State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (7j) Maintain residence with/at: Elizabeth Kaohi, at 4476 Pepe Road, Hanapepe, HI 96716. (7p2) Comply with the Electronic Monitoring program under the direction of Pretrial Services. You are restricted to your residence at all times except to find employment and to go to and from work or to travel to and from Kauai to Oahu to attend any court proceedings or to visit counsel and as to other issues after giving prior notice to Pretrial Services. The Court authorizes release under the HOME DETENTION restriction (7s2) You are prohibited from possessing, or having access to any firearm, ammunition, destructive device, or other dangerous weapon. Immediately surrender all firearms, ammunition, destructive devices, and other dangerous weapons to an agent approved by Pretrial Services. (7t) Do not consume any alcoholic beverages or products containing alcohol while on bond. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v2)Submit to drug detection testing and a substance abuse assessment and participate in any recommended treatment as approved by Pretrial Services. (7w1) Submit to alcohol detection testing as approved by Pretrial Services. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. Other Conditions: Defendant shall not commit any offense in violation of federal, state, or local law while on release in this case. Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed [18-1] ; Franklin Iwai Attorney Alexander Silvert, Omer Poirier present ( Ct Rptr: C5 Tape 1199) by Judge Kevin SC Chang (eps) |
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| 2003-11-17 |
20 |
0 |
Detention - Miscellaneous |
APPEARANCE BOND ( $25,000.00 UNSECURED) posted by Franklin Iwai signed by Judge Kevin S. Chang (bbb) |
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| 2003-11-17 |
21 |
0 |
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ORDER Setting Conditions of Release for Franklin Iwai ( $25,000.00 UNSECURED posted ) by Mag Judge Kevin S. Chang (bbb) |
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| 2003-12-31 |
22 |
0 |
Miscellaneous Document |
PETITION for Action on Conditions of Pretrial Release Summons ordered, for Franklin Iwai by Judge Susan Oki Mollway (afc) |
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| 2003-12-31 |
23 |
0 |
Summons Issued |
PS issued as to Franklin Iwai; OSC hearing set for 10:30 1/12/04 for Franklin Iwai before Mag Judge Kevin S. Chang (afc) |
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| 2004-01-12 |
24 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Order to Show Cause Why Bail Should Not Be Revoked - defendant present, not in custody. Defendant admits to this bail violation. Defendant's bail will not be revoked. Bail to be modified as follows: Other: Participate in and successfully complete substance abuse treatment as recommended by Hina Mauka. Failure to attend any sessions without advance approval from Pretrial Services is a violation. [22-1] ; Franklin Iwai, USA Attorney Omer G. Poirier, Alexander Silvert present ( Ct Rptr: C5 CD#2 10:29-10:33:47am) by Judge Kevin S. Chang (bbb) |
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| 2004-01-20 |
25 |
0 |
Summons Returned Executed |
PS executed on 1/2/04 as to Franklin Iwai; RRR 01/15/2004 (bbb) |
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| 2004-02-27 |
26 |
0 |
Miscellaneous Document |
PETITION for Action on Conditions of Pretrial Release BW ordered, for Franklin Iwai by Judge Susan O. Mollway (eps) |
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| 2004-02-27 |
27 |
0 |
Warrant Issued |
ARREST Warrant issued for Franklin Iwai bail set for NO BAIL by Judge Susan O. Mollway (eps) |
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| 2004-03-08 |
28 |
0 |
Minutes - Miscellaneous |
EP: MINUTES:n [26-1] Order to Show Cause Why Bail Should Not be Revoked - deft present in custody. Defendant admits to the urinalysis violation only. Court finds deft violated Pretrial Release Order. Bail revoked. Deft remanded to custody of U.S. Marshal. ; Franklin Iwai Attorney Omer G. Poirier, Alexander Silvert present ( Ct Rptr: C6 CD3 3:01-3:02) by Judge Barry M Kurren (eps) |
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| 2004-03-10 |
29 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Franklin Iwai on 3/8/04 (eps) |
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| 2004-04-01 |
30 |
0 |
Response to Motion |
RESPONSE by defendant Franklin Iwai to draft presentence report; declaration of counsel; certificate of service [SEALED] (fe) |
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| 2004-04-22 |
31 |
0 |
Sentencing Memorandum |
Government's SENTENCING Statement as to Franklin Iwai; certificate of service (gab) |
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| 2004-05-04 |
32 |
0 |
Motion for Miscellaneous Relief |
Notice of Motion and MOTION for downward departure in sentencing defendant by USA as to Franklin Iwai Motion hearing set for 5/10/04 @ 3:00 p.m. (SOM) (gab) |
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| 2004-05-04 |
33 |
0 |
Response in Support |
Factual Basis for motion for downward departure in sentencing defendant by USA as to Franklin Iwai [32-1] (SEALED) (gab) |
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| 2004-05-10 |
34 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: sentencing to count 2 of the Indictment; Government's Motion for Downward Departure hearing held on 5/10/04 Defendant Franklin Iwai present and in custody. Government's Motion for Downward Departure - Granted. , sentencing Franklin Iwai (1) count(s) 2. ADJUDGED: Imprisonment: 8 Months. Supervised Release: 3 Years. Special Assessment: $100.00. CONDITIONS: That the defendant shall abide by the standard conditions of supervision. That the defendant not commit any crimes, federal, state, or local (mandatory condition). That the defendant not possess illegal controlled substances (mandatory condition) That the defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). That the defendant participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. That the defendant is prohibited from possessing a firearm as defined in 18 U.S.C. 921. That the defendant is prohibited from possessing any illegal or dangerous weapons. That the defendant provide the Probation Office access to any requested financial information. That the defendant shall submit his person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. That the defendant serve 6 months community confinement, in a community corrections center such as Miller Hale, following release from imprisonment as arranged by the Probation Office. Defendant advised of his right to appeal. Defendant remanded to the custody of the USM. Mittimus forthwith. , dismissing counts as to Franklin Iwai (1) count(s) 1. Government's Motion to Dismiss Count 1 of the Indictment - Granted. , terminating party Franklin Iwai , case terminated ; Franklin Iwai, Gordon Horiye (ATF), Mona Godinet (USPO), Attorney Michael K. Kawahara, Alexander Silvert present ( Ct Rptr: Debra Chun) by Judge Susan Oki Mollway (gab) Modified on 05/11/2004 |
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| 2004-05-13 |
35 |
0 |
Judgment |
JUDGMENT and Commitment as to Franklin Iwai by Judge Susan O. Mollway (cc: all counsel) (gab) Additional attachment(s) added on 9/26/2006 (tbf, ). |
2010-02-15 06:22:28 |
92c06567d842a997970e0190e9834f21670bee10 |
| 2004-05-20 |
36 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Franklin Iwai (original sealed and held in probation office). (gs) |
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| 2004-05-20 |
37 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Franklin Iwai (original sealed and held in probation office) (gs) |
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| 2004-06-03 |
38 |
0 |
Judgment Returned Executed |
JUDGMENT and Commitment returned executed on 5/26/04 as to Franklin Iwai (1) count(s) 2 to FDC Honolulu, HI (sealed) |
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| 2007-09-11 |
39 |
0 |
Prob 34-Termination of Supervised Release/Probation |
PROBATION FORM 34-Termination of Supervised Release/Probation as to Franklin Iwai - Signed by Judge SUSAN OKI MOLLWAY. (emt, ) |
2010-02-15 06:22:27 |
ccc701e54092efba10fea6efa85b48cf7e185ac5 |